R. v. Woods, 2008 ONCA 359

CITATION: R. v. Woods, 2008 ONCA 359

DATE: 20080506

DOCKET: C47847

COURT OF APPEAL FOR ONTARIO

DOHERTY, ROSENBERG and ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

CLAYTON WOODS

Appellant

Counsel:

Constance Baran-Gerez for the appellant

Daniel Guttman for the respondent

Heard: May 5, 2008

On appeal from the sentence imposed by Justice Downie of the Ontario Court of Justice dated August 9, 2006.

APPEAL BOOK ENDORSEMENT

[1] Counsel has made a persuasive argument that the trial judge improperly took into account the unproved allegation that he used a beer bottle as a weapon in the course of his attack on the main complainant. We are prepared to accept that argument for the purposes of the appeal. We are, however, satisfied that disregarding the use of the beer bottle, the sentences imposed were fully justified for what were vicious life threatening assaults on the main victim. This assault occurred in the context of serious assaults on other good Samaritans who tried to intervene to help the victim.

[2] Leave to appeal is granted and the appeal is dismissed.